Planning Commission minutes March 17, 2010

Daniel Town Planning Commission

17 March 2010 Approved




7:00 P.M.

A Quorum is present: Eric Bunker, Barry Hobbs, Gary Weight, Kim Norris, Jaye Binkerd.

Town Members in attendance who signed the roll: Paul Dinga, Darwin McGuire, Hugh Barker, Alex

Barker, Marla Larson, Teri Welch, Jeremy Heftel, Norm Sperry, Mike Ashby.

Eric called the meeting to order at 7:03 p.m.

Public comment (2 minutes please)

There were no public comments.

1- Public Hearing (flood plain map)

Commissioner Hobbs moved to open the public hearing for the Flood Plain Map with Commissioner

Norris seconding. The vote was unanimous and the motion carried.

Chairman Bunker provided background information about the flood plain map, developed by FEMA, to

all those present. He drew everyone’s attention to the map he had posted on the wall and pointed out the new

areas that would be affected in the event of a flood in the valley. He further explained that informational letters

had been sent to all those in our area who would be affected by the new map.

Public comment followed starting with Teri Welch. Her mortgage company added flood insurance to her

policy even though she believed her property was not in the flood plain area. She is concerned because there is a

creek running through the front of her property, but it only runs seasonally and to make changes to her policy

she would have to pay a surveyor to survey her property and determine if she was actually in the flood plain

area. This would be at great cost and she feels that if several others in the town have to do the same that perhaps

the town could help with cost or property owners could pool their resources.

Commissioner Hobbs wondered how FEMA came up with the flood area. Did they do a topographical

survey or elevation survey?

That is what FEMA claims to have done, explained Chairman Bunker, and added that this would be a

hundred year plan. What this does for the town is in the event of a flood FEMA would come and help with

cleanup and recovery and locks all those who currently have flood insurance at the old rate. If you don’t

currently have flood insurance but would wish to do so you could buy in at the old rate.

Mike Ashby asked about pipes buried in the ground that carry the runoff water past his home.

Sometimes they get plugged and cause minor flooding till the debris is removed. Would flood insurance cover

that kind of flooding? Chairman Bunker explained that any type of flooding would be covered.

Others expressed their opinions that they do not like being pressed to buy flood insurance if they are not

really in the flood plain boundaries set by FEMA.

This will affect any new building permits. Anyone who might want to build in the floodplain area would

have to mitigate by building up the land to be above the flood plain.

After more discussion by the public and by the end of the public hearing the following questions were

brought forward by those in attendance:

1- Where can the public access the data that dictates boundaries of the flood plain?

2- How many square miles of drainage encompasses Daniels creek area?

3- Do you have a to-po map that the residents can view?

4- How does a person have FEMA take another look at a certain property that may be in question?

5- Does the new floodplain indicate or has it been revised to accommodate the Daniel replacement

project and diversion from Murdock south to Strawberry Valley drainage.

6- There seems to be no rhyme or reason to the same property floods different in the same parcel when

the grade remains same overall.

7- If a building is built on a parcel that is within the floodplain map, but the structure is outside the

floodplain map are they required or can they be required to purchase flood insurance?

8- Why now at this time is the map being updated?

Gary Weight commented that we can’t really make a recommendation to the town because we can’t get

any answers to the questions asked tonight.

Commissioner Weight moved to close the public hearing on flood plain map with Commissioner

Binkerd seconding. The vote was unanimous and the motion carried.

2- FEMA- John Crofts (Utah NFIP Coordinator)

John Crofts could not make this meeting but he will be at the town council meeting April 5th at 5:30


3- Recommendation of Resolution for flood plain to Town Council

A list of questions as listed above will be drafted to take to the Town Council meeting in April.

A letter was drafted and submitted to the Town Board as follows: Due to lack of information and

unanswered questions the Planning Commission cannot make any recommendations at this time.

4- Callister subdivision update

They have submitted a foundation plan and it was recorded. They are moving forward with their plans.

5- Approval of Feb 2010 minutes/ report on council action

Commissioner Norris moved to accept the February minutes with Commissioner Hobbs seconding.

The vote was unanimous and the motion carried.

6- Administrative issues: Administrative Building permits, water, open seats on various boards, etc.

The Town is still involved in a lawsuit submitted by Dean Sellers.

The new well has been tested at 3, 6, and 24 hr intervals and is doing very well. It pumps over 140

gallons per minute. It does not produce as much in the winter time. There has been no change in the stream


Darwin asked if they are digging out the lower springs? It would be a terrible mistake to do that. They

need to be sure and leave it alone. He wishes to go on record as being violently opposed to disturbing the lower

spring in any way. He has heard a rumor that the lower springs were going to be dug out.

No building permits were issued administratively. A letter was sent out to Ed Huston for building a barn

without a building permit. Erik had received a response from his attorney asking for copies of all agricultural

building permits issued over the past few years. Building permits are required on agricultural buildings. State

law says you may be able to wave the fees for agricultural permits but there must be a building permit to meet

setback requirements, etc.

There are open seats on the Planning Board. Ed Pressgrove has tendered his resignation due to health


Two alternates are needed on the Board Of Adjustments.

The new bypass roads are now available for viewing on the county map. The northern and southern

bypass has been set. With the bypass there is the transfer of state roads.

The wells in the Daniel area, from the east to the west side are becoming progressively worse due to

increased phosphorus levels. They are now being monitored for further phosphorus increase.

UDOT projects: This summer they will be digging down Main Street (Highway 40), burying lines to

realign all the stop lights and then they will repave the entire surface. They are going to resurface Highway 40

east of Strawberry. In Provo Canyon they will extend the 4 lanes to the state park. In conjunction with that they

are doing a study along the 189 corridor to determine where to put in passing lanes.

7- Motion to adjourn.

Commissioner Hobbs moved to adjourn with Commissioner Weight seconding. The vote was

unanimous and the motions carried.

The meeting adjourned at 8:16 p.m.

Kathy-Jo Percy: Secretary

Daniel Planning reserves the right to change order of, and add agenda items.

In keeping with the American Disability Act all are invited to attend.

If you need Special accommodations please call Eric Bunker 654-0409 Forty Eight, 48 hours before the

meeting. Written comment accepted at

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